Los Angeles daily herald., 1887-11-20
AZUSA WATER.
The Proceedings for Con.
tempt Dismissed.
PEACE NOW REIGNS SUPREME.
No Interference with the bitches
Since the Courts Injunction
Was Served.

yesterday filed with people from
Azusa and Duarte to hear the trial OF
r. j. Pollard. J. Jones, VIM. Quinn,
Sam Jones, A. Spruce, J. F. Baisley,
Mr.. johnson and ]. w. Mitchell for
contempt of Court. 1t was alleged
that these above named persons had
interfered with and disobeyed the in
functions by the Court, having placed
distractions in the Azusa Ditch, and
also had armed guards to prevent the
plaintiffs employees from doing their
work at the mouth of the Covina tun-
mel.
A. Spruce was sworn and testified
that he lived at Azusa and had never
been at the Covina tunnel since the
latter end OF September. He never
attempted to stop the detectives from
clearing out the ditch, and never was
there with gun or pistol, nor had
he owned one in his life.
Cross-examined-The Covina peo-
pie shoveled one way and we shoveled
the other. belong to the Azusa 1rri-
eating Company. / remember seeing
Oliver Justice, Vaughan, Geo. OFT,
VIM. Briggs, r. j. Pollard and
many others around the tunnel and
ditch, perhaps sixty or seventy more.
1 saw some guns there. l was throw
ing stones away which they put there,
that is to say they were stopping up
the ditch and was opening it. l did
not know that the corporation to
which belonged had been enjoined.
They were taking our water and l was
trying to prevent them. never paid
cent to support guards. The Covina
people were on guard when l got
there and had plank across our ditch
and Mr.. Marley was standing on
the plank welding stick. He struck
me once. He was striking people
when l got there, and 1 seized the
stick and was dragged up and down.
AS got up off my knees l threw a
stone at him; the stone missed him
and hit Geo. OFT. We were standing
in the water working. 1t appeared 10
me that the Covina people were taking
more water than they had had before.
l went with the intention of Closing
their tunnel and preventing them
from getting our water.
G. Vaughan was then sworn, and
stated that he was there and remem-
Der the occurrence that Spruce figured
in, and that it was on Septembe 22nd.
Judge O'Melveney said: 81 find
Spruce not guilty of violating the in
junction, and, therefore, l discharge
him."
r. ]. Pollard was then sworn, and
testified-"I was there on September
22nd. had not been served with any
injunction. had my shotgun with
me on the day that l was served with
the injunction. l was on my way to
the ditch at the time, but have not
been there since l was served with
the injunction"
Cross-examined-"I was there when
the detectives We're there. l went up
to see that the detectives or their men
did not interfere with our dam. l had
some conversation with them. re-
ceived my water through the Azusa
Comm issioners, and paid no assess
ments to support guards, etc. was
at the camp once after received the |
injunction, and remained all night. l
was there to see that they did not in
terfere with our ditch, but was never |
near the ditch, and do not remember |
whether had gun Or not. l was on
guard about 100 yards away. There
was no filling in of the tunnel mouth |
while was there"
A recess was here taken fer three
quarters Of an hour.
Shortly after one o'clock the pro-
ceedings were recommended. The |
attorneys for plaintiffs applied for
dismissal of the case, stating that |
since the last order of the Court there |
had been no trouble and no violation |
of the injunction then issued, and as
matters now were progressing favor
ably they would waive any further |
proceedings.
Judge O'Melveney stated that he |
should like those present to carefully |
consider the matter, and referred |
them back 16 or IL years, when there |
had been trouble amongst the Azusa
people, and since that time there had
been more or less trouble. He said:
"When litigation is commenced it goes |
into the hands of the law, and it is
the bounden duty of every American
citizen to abide by the mandates OF the |
law, which they themselves helped to
form, whether those mandates were
right or wrong. 1t may be inconve-
nient, and occasion some sacrifice,
but private rights ought not to inter-
fere with the orders of the Court. If
a man ofends, it does not matter
whether he is my greatest friend or
not, will exercise the law impair.
TALLY. And now, if you do not vio-
late the injunction, and with the un-
Outstanding that the party or parties
who disregard the injunction shall be
brought before me again, / dismiss all
the contempt business"